Supreme Court ends fight over Obama-era net neutrality rules

Leticia Stanley |Thursday, November 08, 2018

EnlargeGetty Images | acilo

But, last August, lawyers for the FCC and Department of Justice (at direct telecom industry behest) filed a brief (pdf) with the Supreme Court, urging it to vacate the 2016 court ruling that upheld the Wheeler-era net neutralityrules.

The rules were confirmed in 2016 by the DC Circuit court, which also confirmed the FCC's authority to put such regulations into place.

"Absent prompt intervention from this court, there is little chance the court would resolve this dispute for at least another year", Francisco wrote in a letter to the Supreme Court. Newly confirmed Supreme Court Justice Brett Kavanaugh and Chief Justice John Roberts both recused themselves from the petitions.

The Department of Justice made the request Monday after the lower courts failed to meet a deadline for a decision on DACA.

Still, the high court's rejection preserves the appeals court's decision as a possible precedent and makes it even more likely that the issue will resurface if the FCC shifts its makeup - something that would happen if Democrats are able to win back the White House in 2020. Neither gave a reason, but Kavanaugh played a role in the case on the appeals court, saying he would have overturned the net neutrality rule.

Those new regulations are the subject of a separate challenge pending in the appeals court, the U.S. Court of Appeals for the District of Columbia Circuit.

The Federal Communications Commission voted previous year to revoke those rules. It actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies.

"Let's call this interesting", she added.

The new rules, which gave internet service providers greater power to regulate the content that customers access, are now the subject of a separate legal fight after being challenged by numerous groups that backed net neutrality. The Pai-led FCC is defending its net neutrality repeal against a lawsuit filed by dozens of litigants, including 22 state attorneys general, consumer advocacy groups, and tech companies.

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